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April 2013 Archives

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

DUI allegations leveled against University of Tennessee pitcher

It can be a very serious matter when an underaged individual is accused of drunk driving. Such an allegation can lead to an underaged individual facing criminal charges, such as DUI charges and underage drinking charges. Impactful criminal punishments can be given to an individual if he or she is convicted of such charges.

Sexual Exploitation of a Minor Conviction Affirmed

In Tennessee, the crime of sexual exploitation of a minor is committed by the knowing possession of child pornography. Generally the crime is a class D felony, which, for a standard offender, carries a range of punishment of two to four years. But if there are more than fifty images, it is a class C felony. And if there are more than one hundred images (or combination of images and materials), it is a class B felony, with a range of punishment for a standard offender of eight to twelve years. Distribution or production of child pornography are more serious offenses. In the recent case of State v. Sprunger, E2011-02579-CCA-R3-CD (Tenn.Crim.App. 4-5-2013), the Tennessee Court of Criminal Appeals affirmed the conviction and sentence of a defendant for the crime of sexual exploitation of a minor.

Sexual Exploitation of a Minor Conviction Affirmed

In Tennessee, the crime of sexual exploitation of a minor is committed by the knowing possession of child pornography. Generally the crime is a class D felony, which, for a standard offender, carries a range of punishment of two to four years. But if there are more than fifty images, it is a class C felony. And if there are more than one hundred images (or combination of images and materials), it is a class B felony, with a range of punishment for a standard offender of eight to twelve years. Distribution or production of child pornography are more serious offenses. In the recent case of State v. Sprunger, E2011-02579-CCA-R3-CD (Tenn.Crim.App. 4-5-2013), the Tennessee Court of Criminal Appeals affirmed the conviction and sentence of a defendant for the crime of sexual exploitation of a minor.

Sexual Exploitation of a Minor Conviction Affirmed

In Tennessee, the crime of sexual exploitation of a minor is committed by the knowing possession of child pornography. Generally the crime is a class D felony, which, for a standard offender, carries a range of punishment of two to four years. But if there are more than fifty images, it is a class C felony. And if there are more than one hundred images (or combination of images and materials), it is a class B felony, with a range of punishment for a standard offender of eight to twelve years. Distribution or production of child pornography are more serious offenses. In the recent case of State v. Sprunger, E2011-02579-CCA-R3-CD (Tenn.Crim.App. 4-5-2013), the Tennessee Court of Criminal Appeals affirmed the conviction and sentence of a defendant for the crime of sexual exploitation of a minor.

Alternative Sentencing Denied in Vehicular Assault Case

Alternative sentencing, which involves suspension of a jail or prison sentence and some form of community supervision as an alternative to incarceration, is available in Tennessee for most criminal sentences of ten years or less. When not imposed as part of a plea agreement approved by the trial court, the trial court must makes findings and determine whether to impose an alternative sentence or to impose a sentence of confinement. There are statutory and case law guidelines and criteria which trial courts consider in determining whether to impose an alternative sentence or confinement. For criminal convictions which are eligible for alternative sentencing, the sentencing court has the discretion to decide how the sentence is served. These decisions are subject to appeal, in which case the appellate court reviews to determine whether the lower court abused its discretion in imposing the challenged sentence. In the recent case of State v. Crowder, M2012-02396-CCA-R3-CD (Tenn.Crim.App. 4-3-2013), the Tennessee Court of Criminal Appeals affirmed the trial court decision to deny alternative sentencing and impose confinement for a defendant convicted of vehicular assault.

Alternative Sentencing Denied in Vehicular Assault Case

Alternative sentencing, which involves suspension of a jail or prison sentence and some form of community supervision as an alternative to incarceration, is available in Tennessee for most criminal sentences of ten years or less. When not imposed as part of a plea agreement approved by the trial court, the trial court must makes findings and determine whether to impose an alternative sentence or to impose a sentence of confinement. There are statutory and case law guidelines and criteria which trial courts consider in determining whether to impose an alternative sentence or confinement. For criminal convictions which are eligible for alternative sentencing, the sentencing court has the discretion to decide how the sentence is served. These decisions are subject to appeal, in which case the appellate court reviews to determine whether the lower court abused its discretion in imposing the challenged sentence. In the recent case of State v. Crowder, M2012-02396-CCA-R3-CD (Tenn.Crim.App. 4-3-2013), the Tennessee Court of Criminal Appeals affirmed the trial court decision to deny alternative sentencing and impose confinement for a defendant convicted of vehicular assault.

Alternative Sentencing Denied in Vehicular Assault Case

Alternative sentencing, which involves suspension of a jail or prison sentence and some form of community supervision as an alternative to incarceration, is available in Tennessee for most criminal sentences of ten years or less. When not imposed as part of a plea agreement approved by the trial court, the trial court must makes findings and determine whether to impose an alternative sentence or to impose a sentence of confinement. There are statutory and case law guidelines and criteria which trial courts consider in determining whether to impose an alternative sentence or confinement. For criminal convictions which are eligible for alternative sentencing, the sentencing court has the discretion to decide how the sentence is served. These decisions are subject to appeal, in which case the appellate court reviews to determine whether the lower court abused its discretion in imposing the challenged sentence. In the recent case of State v. Crowder, M2012-02396-CCA-R3-CD (Tenn.Crim.App. 4-3-2013), the Tennessee Court of Criminal Appeals affirmed the trial court decision to deny alternative sentencing and impose confinement for a defendant convicted of vehicular assault.

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